As comunicações eletrónicas e a investigação criminal (rumo à compreensão do regime de ingerência no seu conteúdo) | 2017

Author(s) Marta Maria Morais da Silva
Advisor(s) Pedro Miguel Freitas
Year 2017

Synopsis Criminal investigation often depends on the suspect’s contribution to find answers to the questions raised by the commitment of a crime. One of the most effective means of obtaining relevant information is the interference in the suspect’s communications (mainly when there is a pre-determined circle of recipients) or even in any other person under the investigation, necessarily related to that crime. Such intrusion has to be made in a secret way of course, in order to prevent the failure of the investigation itself: if the suspect or person under investigation knows that is being monitored in his communications, it is most likely to stop doing them or mislead the investigation on purpose. Nowadays it’s undeniable the importance of the Internet in everyone’s communications worldwide, that’s why the criminal investigation has a lot to gain if it considers its contents, mainly in the case of closed communications. The present work aims to study the means of obtaining evidence that relate to such communications powered by the Internet, in Portugal. Its motto is that Portuguese legal order regulates the mean of obtaining evidence by interfering in electronic communications in different ways, having different solutions in different legal acts. In order to understand the legal solutions found by the Portuguese legislator, it is necessary to study the different means of obtaining evidence enshrined in the Portuguese law, such as the telephone tapping and others enshrined in code of criminal procedure as well as the ones listed in the Cybercrime Law. Doing so, the criminal investigation, doctrine and jurisprudence will have more certainties when it comes to the moment of choosing and respecting the legal procedures, demanded by the fundamental rights of the individuals, inherent to the rule of law.

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